Suddenly Unable to Sleep... Strengthening Contract Period Guarantees for Fixed-Term Teachers

Korea Commission on Human Rights Recommends Improving Unfair Practices Through Priority Employment Upon Contract Termination

[Image source=Yonhap News]

[Asia Economy Reporter Moon Chaeseok] The government is stepping in to prevent the arbitrary dismissal of fixed-term teachers due to the early reinstatement of regular teachers.

The Anti-Corruption and Civil Rights Commission announced on the 22nd that it has prepared measures to improve unfair practices related to the mid-term dismissal of fixed-term teachers and recommended system improvements to 17 regional education offices nationwide.

Due to the early reinstatement of teachers on leave, fixed-term teachers, who are non-regular employees, are being dismissed during their contract period, and legally mandated procedures such as dismissal notice and severance pay rights are not being properly implemented.

As of last year, out of a total of 496,504 teachers, about 11%, or 54,539, are fixed-term teachers.

According to the 'Education Officials Act' and the 'Education Officials Appointment Decree,' when a teacher is absent for more than one month due to leave or dispatch, schools must hire fixed-term teachers to conduct classes.

Fixed-term teachers undergo recruitment procedures such as public recruitment and sign employment contracts specifying the working period and content, teaching students for up to four years within one year.

Fixed-term teachers are general workers, not education officials, and are subject to the 'Act on the Protection of Fixed-term and Part-time Workers' (Fixed-term Act) and the 'Labor Standards Act.'

Some education offices do not include procedures such as 'dismissal notice' and severance pay, which are specified in the Labor Standards Act, in their own guidelines called 'Fixed-term Teacher Operation Guidelines.'

Dismissal notice means providing written notice 30 days before dismissal and paying 30 days' wages if violated.

The Commission's investigation found that all 17 regional education offices included in their operation guidelines the clause that "contracts can be terminated if a teacher on leave or dispatch, who is not at fault, returns to work."

Among them, 10 education offices did not specify any relief procedures despite having obligations under the Labor Standards Act to make efforts to avoid dismissal and prioritize reemployment for dismissed workers.

As a result, numerous complaints about unfair working conditions have been raised on the Blue House's National Petition site and the Government 24 Civil Petition Service.

Accordingly, the Commission has ordered the abolition of the automatic contract termination clause for fixed-term teachers due to early reinstatement of regular teachers.

However, if mid-term dismissal is unavoidable due to personnel cost issues, each education office was recommended to prepare preferential reemployment measures for dismissed individuals.

It was also recommended that the operation guidelines of each education office systematically specify the methods for dismissal notice and severance pay procedures under the Labor Standards Act.

Additionally, a regulatory basis was established allowing appointing authorities (school principals) to manage and supervise not only the leave but also the reinstatement of regular teachers.

Kwon Seok-won, Director of the Policy Improvement Bureau at the Anti-Corruption and Civil Rights Commission, expressed hope that "this system improvement will significantly enhance the working environment of fixed-term teachers, who are non-regular workers in schools."